Sec. 436.034. ADMINISTRATIVE PENALTY. (a) The department may assess an administrative penalty against a person who violates Section 436.011 or an order issued under this chapter.
(b) In determining the amount of the penalty, the department shall consider:
(1) the person's previous violations;
(2) the seriousness of the violation;
(3) the hazard to the health and safety of the public;
(4) the person's demonstrated good faith; and
(5) other matters as justice may require.
(c) The penalty may not exceed $25,000 a day for each violation.
(d) Each day of a continuing violation constitutes a separate violation.
Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1101, eff. April 2, 2015.
Structure Texas Statutes
Title 6 - Food, Drugs, Alcohol, and Hazardous Substances
Subtitle A - Food and Drug Health Regulations
Section 436.023. Access to Records
Section 436.024. Access to Records Showing Movement in Commerce
Section 436.025. Emergency Order
Section 436.026. Violation; Injunction
Section 436.027. Civil Penalty
Section 436.028. Detained or Embargoed Article
Section 436.029. Removal Order for Detained or Embargoed Article
Section 436.030. Recall From Commerce
Section 436.032. Destruction of Molluscan Shellfish or Crabmeat
Section 436.033. Correction by Proper Labeling
Section 436.034. Administrative Penalty
Section 436.035. Administrative Penalty Assessment Procedure
Section 436.036. Payment of Administrative Penalty
Section 436.037. Refund of Administrative Penalty
Section 436.038. Criminal Penalty; Defenses